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| 1840 act uniting Upper and Lower Canada into colony of Canada, partly to assimilate the French |
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| MPs on government side who sit on backbenchers, not in Cabinet, or those similarly distant from important posts in opposition parties |
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| 1982 act passed by Britain terminating all British authority over Canada, which passed the Constitution Act, 1982, domestically amending the constitution |
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| attempted to define fundamental characteristics of Canada in Charlottetown Accord |
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| act of the Canadian Parliament passed in 1960 outlining basic civil liberties, defects caused judicial confusions limiting effectiveness |
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| Canadian Judicial Council |
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| Agency composed of federal and provincial chief justices disciplining federally appointed judges, providing leadership and coordination amongst federal and provincial judicial systems |
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| Charter of Rights and Freedom |
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| Part of CA, 1982 guaranteeing fundamental freedoms and rights to individual citizens. |
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| Charter of Rights' Rights |
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| legal, domestic, linguistic, mobility, egalitarian, limited Aboriginal |
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| Deals with private parties, not involving government |
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| fleshed the Supreme Court decision on Quebec separation and requires federal gov. approval for the question asked |
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| basis of British and Canadian systems, apart from law in Quebec, consists of accumulation of judicial precedents and seeks out the previous decision in cases most closely resembling the one at hand |
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| conglomeration of documents and conventions. Widest definition includes two central documents with amendments, British statues and orders, Canadian statutes, British and Canadian court decisions, and unwritten conventions. |
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| Major amendment to Canadian Constitution that added a Charter of Rights and Freedoms, an amending formula, clauses on equalization, and Aboriginal rights, change to division of powers with respect to national resources. In a sense the last amendment to the 1867 Constitution Act. |
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| British law dividing Canada into Upper and Lower Canada, each with a governor, executive and legislative councils, and an assembly |
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| Constitutional Ammending Formula |
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process for amending Constitution, 5 parts
the General Formula (the "7/50" procedure) - s. 38. The amendment must be passed by the House of Commons, the Senate, and at least two-thirds of the provincial legislatures representing at least 50% of the population. This covers any amendment procedure not covered more specifically in ss. 41, 43, 44 or 45. The general formula must be used for any of the six situations identified in s. 42.
The Unanimity Procedure - s. 41. The amendment must be passed by the House of Commons, Senate, and all provincial legislatures.
"Some-but-not-all Provinces" (or "bilateral" procedure) - s. 43. The amendment must be passed by the House of Commons, the Senate, and the legislative assemblies of those provinces that are affected by the amendment.
Federal Parliament Alone (or "federal unilateral" procedure) - s. 44. The amendment must only be passed by the House of Commons and the Senate.
Provincial Legislature Alone (or "provincial unilateral" procedure) - s. 45. The amendment must only be passed by the provincial legislature. |
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| Constitutional Conventions |
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| Unwritten rules of constitutional behaviour that are considered to be binding by and upon those who operate the Constitution, but that are not enforceable by the courts. Develop from traditions and through constant recognition and observance become established, as if they were written down. |
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| designation of Canadian form of government, characterized by monarch who is head of state but who rules according to the constitution, which confides almost all governmental power into other hands |
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| neither level of government is subordinate to the other. Extensive degree of interaction between them (post 1945) |
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| recommended union of Upper and Lower Canada and granting of responsible government to the colony of Canada |
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| Variant of cooperative federalism characterized by extensive federal-provincial interaction at the level of first ministers, departmental ministers, and deputies, such as the process that produced the Meech Lake Accord |
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| Royal Proclamation of 1763 |
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| Created British colony of Quebec, purported to protect interests of Aboriginals. First distinctively Canadian constitutional document |
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| Established council to advise Governor of the colony but no elected assembly. 1774. Provided privileges to French speaking, Roman Catholic majority |
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| Representative Government |
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| Achieved 1791. set of political institutions that included an elected legislative assembly, but not necessarily the principle f a responsible government |
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| Principle that no other organ of government can overrule parliament or its laws, a principle modified to some extent in 1982 with an expanded power of judicial review incorporated in Charter of Rights and Freedom |
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| Model of government developed in Britain in which the political executive is given extensive power to provide effective leadership |
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| Constitutional Principle that the courts should function independently of the other realms of government |
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| Power of courts to overturn legislation or an action of the executive branch of government |
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| System of government characterized by two levels of authority, (Fed, Prov) with a division of power where neither is subordinate to one another |
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| Principle of the Canadian Constitution |
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| Responsible Government, Federalism, Judicial Review, Rule of Law, Constitutional Monarchy, Democracy |
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| Colonial Laws Validity Act would no longer apply to dominions, no dominion statute was to be declared void because it was repugnant to the law of the UK, and that no act of the Imperial Parliament was to extend to a Dominion unless the latter had requested and consented to its enactment. Canada was now totally independent of Britain. |
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| became final court of appeals in 1949, no more JCPC constitutionally |
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| Whole body of fundamental rules and principles according to which a state is governed |
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| Principle Constitutional Components |
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Definition
Constitution Act, 1867
amendments to the Constitution Act, 1867
British statues and orders in council
Canadian statues
Constitution Act, 1982
Judicial Decisions
Constitutional Conventions |
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| Judicial Committee of the Privy Council |
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| Remained Canada's Final court of appeal in criminal cases until 1933, and in all other cases (eg. constitutionally) until 1949 |
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| Moral Reason for government to get involved. John Keynes. |
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| Contained constitutional amending formula and bill of rights, equalization payments, provided provincial consultation on Supreme Court decisions. Followed Confederation of Tomorrow Conference. |
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| Quebec would be sovereign but with continued economic links to the rest of Canada |
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| Everyone but Rene Levesque negotiated... |
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| Distinct society, veto on constitutional amendments, increased immigration powers, Supreme court appointments, compensations on opt-outable programs. Absent of addressing Aboriginal peoples. |
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| Found in Meech Lake Accord, and modified in Charlottetown Accord |
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| Canada Clause, Triple E-Senate, Aboriginal self-governance, changes to power divisions |
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| Division of powers between central and regional government such that neither is subordinate to the other |
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| Provincial/territorial government expansions in absolute and relative terms to Ottawa |
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| Deal made amongst Fathers of Confederation entailing setting up new federal government system with division of powers, financial powers, federal control over provinces, provincial representation in federal institutions, cultural guarntees |
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| Distribution of legislative powers between federal and provincial governments, contained in sections 91 and 92 of Constitution Act, 1982 |
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| Provincial Government powers listed in Constitution Act, 1867. S. 92 |
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| Powers not explicitly given to provinces in Constitution Act, 1867. Assigned to federal government under opening word of s. 91 |
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| Shared powers by both levels of government. Agriculture, Immigration, later old age pensions. |
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| used by either level of government to extract money from very person/corporation intending to pay it |
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| restricted to federal government, party assumed to pass it along to another customer. eg. tarriff/ customs duty |
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| Obsolete power of Federally Appointed lieutenant governor of each province to refrain from giving royal legislation and instead sending it to federal cabinet for its consideration |
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| Cabinet being able to disallow legislation |
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| federal government being able to declare local work or undertaking for the advantage of Canada, placing it in federal jurisdiction |
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| Peace Order and Good Government |
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| clause in section 91, 1867. All powers in section 92 not given to provinces are left with federal government |
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| invented by JCPC in times of emergency POGG clause of 1867 becomes emergency clause, allowing federal government to exercise extensive temporary powers |
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| section 132, in Empire treaties, division of powers becomes inoperative and federal government can implement them regardless of subject matter. Section 132 |
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| Trade and Commerce Clause |
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| Section 91 (2). Provides a broad base for federal jurisdiction in this field but which was whittled away by judicial interpretation |
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| Federal to provinces. In support of subject within provincial jurisdiction, to which Ottawa attaches conditions or standards before the provinces receives the money. |
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| Royal Commission appointed in 1937 to examine federal-provincial relations and whose 1940 report led to changes in fed-prov financial relations |
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| provincial and federal governments teaming up to support a program |
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| Canada Health and Social Transfer |
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| Postsecondary, health, C Assistance Plan combined into one block. |
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| Relations between elected an appointed officials of the executive branches of the two levels of government. legislatures, political parties, and public at large are not given much role to play in decisions emerging from secrecy of executive officials. Conflicts worked out in conferences rather than referred to the courts |
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| First ministers conference |
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| premiers and prime minister |
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| provinces subordinate to Ottawa |
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| Agreement on Internal Trade |
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| federal-provincial. signed in 1995. provinces promised to remove preference for local individuals an companies to free movement of goods, services, and people across borders |
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| Social Union Framework Agreement |
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| overall framework of federal-provincial relations. Sought to clarify where and how either level of government could act unilaterally or engage in joint programs (1999) |
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| head of state, collectivity of executive powers exercise by or in the name of the monarch |
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| residual authority of Crown that remains from days when the monarch was almost absolute. |
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| All ministers must publicly defend al cabinet policies or else resign. |
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| Privy Office Council, Department of Finance, Treasury Board Secretariat, PM's Office. |
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